09/21/2000 (2)
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CITY COMMISSION MEETING
'CITY OF CLEARWATER
September 21, 2000
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Present:
Brian J. Aungst
J. B. Johnson
Ed Hooper
Robe'rt Clark
Ed Hart
Mayor/Commissioner
. Vice-Mayor/~ommissjonar
Commissioner
Commissioner
Commissioner
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Also present: William B. Horne /I
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Interim City Manager
. Assistant City Manager
City Attorney
Cit'1 Clerk
Board Reporter
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The'M'ayor called the meeting to order at 6:00p.m. at City Hall. The invocation was
offered .by Reverend Tom Norton of Skycrest United Methodist Church. The Mayor led' the
Pledge of Alle.9iance.
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.To provide continuity for research, items are in agenda order although not necessarily
discussed In that order.
ITEM #3 - Service Awards
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One service award was presented to a City employee.
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ITEM #4 -Introductions and Awards
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a) Employee of the Month - September 2000
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The Employee of the Month Award for September 2000 was presented to Lynda
Neal, Customer Service.
ITEM #5 - Presentations
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a) Downtown HUB zone update - Sue Englander
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Assistant City Manager Bob Keller introduced Sue Englander, CEO of EEl ModTech
Industries. Ms. Englander is an entrepreneur who has taken advatange of all available
State, local, and Federal programs to employ residents in the Brownfields area 'of the
downtown HUB zone. Ms. Englander said her company manufactures printed circuit
boards. She hopes to surpass the minimum 35% hiring requirement for the HUB zone by
15%. She thanked M~. Keller and staff for their assistance and expressed her excitement
about development plans in Clearwater. She said her company has been awarded a $5
milli~n government contract and will be the first Federally certified HUB zone in Clearwater.
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bl Award for Terry Washington
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, Terry Washington, solid waste equipment operator, was presented with an award
for winning the international driving Roll-Off Truck competition (ROAD-E-O) held by 'the
Solid Waste Association of North America. .
ITEM #6 - ADProval of Minutes
Commissioner Johnson moved to approve,the.minutes of the regular meeting of
September 7, 2000, as recorded ',and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 . Citizens to be heard re items not on the AQenda
Sam Elliott asked if it is legal to cover up the criminal misconduct of Police Chief Sid
Klein and State Attorney Bernie McCabe. The City Attorney stated there was no criminal
miscoriduct.
PUBLiC HEARINGS
ITEM #8 - Public Hearino & First Reading Ords. #6588-00. #6589-00 & #6590-00 -
Annexation, Land Use Plan Amendment to Residential Urban & LMDR Zoning, 7 S. '
McMullen Booth Rd., Sec. 16-29-16, M&B 21.09 (KB Investments Group)(PlD)
, The site is at 7 South McMullen Booth Road on the east side of McMullen Booth
R.oad midway between Gulf-to-Bay Boulevard and Drew St'reet. The purpose of the
annexation is to enable the applicant to receive City water and sewer service. The current
use of the property is single family residential and the site is approximately 0.84 acres in
size. The property will be served by the City's water and sanitary sewer service. The
applicant is aware of the need and costs to extend the water and sewer lines to his
property. The Planning Department determined the proposed annexation is consistent with
the following standards in the Community Development Code: 1) The proposed annexation
, will not adversely impact public facilities and their level of service; 2) the proposed
annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the
Community Development ~ode; and 3} the proposed annexaiton is contiguous to existing
municipal boundaries, represents a logical extension of the boundaries and does not create
an enclave. Since the site is less than 10 acres, the annexation will not require the Pinellas
'Planning Council's review. Staff determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards in the Community
Development Code: 1) The proposed land use plan amendment and rezoning application
are consistent with the Comprehensive Plan; 2) the potential range of uses and specific
proposed use are compatible with the surrounding area; 3) sufficient public facilities are
available to serve the property; and 4) the applications will not adversely impact the natural
environment. The Community Development Board reviewed these applications at their
public hearing meeting on August 15, 2000, and recommended approval of all applications.
In response to a question, Planning Assistant Director Cyndi Hardin said staff will carefully
review the applicant's site plan when submitted.
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.~ . Member Johnson moved to approve the petition for annexation, Land Use Plan
Amendment and rezoning for 7 South McMullen Booth Road (Metes and Bounds 21-09 in
Section 16, Township 29 SOllth~ Range 16 EasU from county Residential Urban to City
, Re!-lidential Urban and Zoning Atlas Amendment from County Zoning District' Residential,
Single Family District (R.3) to City Low Medium Density Residential (LMDR). The motion
'was duly seconded and carried unanimously.'
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The City. Attorney presented Ordinance #6588.00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6588-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
t'Ayes": Johnson, Clarki Hooper, Hart and Aungst.
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. The City Attorney presented Ordinance #6589.00 for first reading and' read it by
title only. Commissioner Hooper moved to pass Ordinance #6589.00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayestt: Johnson, Clark, Hooper, Hart and Aungst.
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'''Nays'': None.
(~~ The City Attorney presented Ordinance #6590-00 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6590~OO on first reading. The
motion was duly seconded and upon roll call, the vote was: '
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays"; None.
ITEM #9 - Public HearinQ & First ReadinQ Ords. #6591-00. #6592-00 & #6593.00 -
Annexation, land Use Plan Amendment to Commercial General & Commercial Zoning,
18167 US19N, Sec. 29-29-16, M&B 22.02 (5t Joe Company)(PlD)
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The site is at 18167 US 19N on the east side of US 19 at its intersection with
Bel/eair Road. This annexation ;s to allow the City to bring this property into its jurisdiction
in compliance with the December 19, 185, Agreement to Annex (AT A) between the City .
and previous owners. Effective with the annexation, the City will collect open space
impact fees of $87/913.60 from the current property owner. The property is an office
complex and the site is approximately 8.63 acres in size. The property is being served by
the City water and sanitary sewer service pursuant to the agreement to annex. The
property owner is aware of the payment for the outstanding open space impact fee that is
due prior to the second reading. The Planning Department determined that the proposed
annexation is consistent with the following standards specified in the Community.
Development Code: 11 The proposed annexation will not have an adverse impact on public
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facilities and their level of service; 2) the proposed annexation is ,consistent with 'the City's
Comprehensive Plan, the Countywide Plan and the Community Development Code;, and 3)
the proposed annexation Is contiguous to existing municipal boundaries, represents a
logical extension of the' boundaries and does not create an enclave., Since the site is less
than 10 acres, tl)e annexation will not require the review of the Plnellas Planning C~uncil.
Staff determined the proposed land use plan amendment and rezoning applications are
consistent with, the following standards specified in the Community Development Code: 1 )
The proposed land use plan amendment and rezoning application are consistent with the
Comprehensive Plan; 2) the potential range of uses and the specific proposed use are,
compatible with the surrounding .area: 3) sufficient public facilities are available to serve the
property; and 4) the applications will not have an adverse impact on the natural
environment. The Community Development Board reviewed these applications at their
public hearing meeting of August 15; 2000,' and recommended approval of all applications.
Co'mmissioner Johnson moved to approve the Petition for Annexation, land Use Plan
, Amendment and rezoning for 18167 US 19N (Metes and Bounds 22-02 in Section 29;
Township 29 South; Range 16 East) from County Commercial General to City Commercial
'General and zoning Atlas Amendment from County Zoning District commercial, General
Retail and Limited Services District IC-2) to City Commercial IC). The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6591-00 for first reading and read it by
title only. 'Commissioner Clark moved to pass Ordinance #6591-00 on first reading. The
motion was duly' seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6592-00 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6592-00 on first reading. The
motion was duly seconded and upon roU call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The.City Attorney presented Ordinance #6593.00 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6593-00 on first reading. The
motion was duly seconded Dnd upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
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ITEM # 1 0 ~ Public Hearing - Pennv for Pinellas Proiect Lis~ (BU)
On March 6, 1997, the Commission ado'pted Ordinance #6137-97. The ordinance
established'the requirement for a special hea~jng, prior to the adoption of the'capital .
Improvement budget, to discuss, the use of Penny for Pinellas tax, and at any time in which
there were any proposed changes to Penny for Pinellas funding of $500,000 or more. A
Penny for Pinellas project list is available shOWing projects approved by the,City
Commission last September and the new list for "Recommended Project Funding" as
included in the proposed FY 2000/01 capital improvement plan and the City Manager's and
Commission's changes discussed at the August 29, 2000, budget work session.
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Budget Director Tina Wilson presented an overview of the advertised changes to the
Peniw for Pinellas project list. The major priorities are Fire and Police Department needs,
the new main library, the Memorial Causeway Bridge, neighborhoods, and the new Phillies
Stadium. Projects eliminated from the list are State Road 60 beautification project,
Memorial Civic Center, and Economic Redevelopment and Assessment project. .
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Five persons expressed their appreciation that the Commission has prioritized the
public health and safety needs of the City and provided for construction of a Sand Key' fire
. station in the Penny for Pinellas project list.
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Agreement with using Penny for Pinellas funds for the Phil1ies Stadium and Fire
department needs was expressed. Concern that alternate funding sources need to be
explored was expressed. A desire for more public dialog was also mentioned. In response
t6 a question, Finance Administrator Margie Simmons explained the methodology for listing
total funding for the Memorial Causeway Bridge to show dedicated Federal funds, interest
earned, etc.
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Commissioner Clark moved to approve the revised recommended Penny for Pinellas
project list. The motion was duly seconded. Commissioners Johnson, Clark, Hooper and
Mayor Aungst voted Aye; Commissioner Hart voted "Nay". Motion carried.
ITEM #11 - Public HearinQ ~ 2000.2001 Budaet (BU)
a) Second Readina Ord. #6607-00 - Declaring Millage Rate to be levied for Fiscal Year
beginning 10/1/00 and ending 9/30/01 at 5.5032 mills
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Ms. Wilson said this year's budget contains no millage rate increase. She said the
only. change in the budget was to reallocate $55,000 from the reserve amount to the Fire
Department. A dissatisfaction with the budget process was expressed.
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The City Attorney presented Ordinance #6607-00 for second reading and read it in
full. Commissioner Johnson moved to pass and adopt Ordinance #6607-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
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Motion carried.
. b) Second ReadinQ Ord. #6608'-00 - Adopting Operating BUdget for Fiscal Year beginning
10/1/00 and ending 9/30/01
The City Attorney presented Ordinance #6608-00 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #660B-00 on seco'nd
, and final reading. The motion was duly seconded and upon roll call, the vote was:,
tI Ayes~': Johnson, Clark, Hooper, and Aungst.
"Nays": Hart.
, Motion carried.
c) Second ReadinQ Ord. #6609-00 - Adopting Capital Improvement Program Budget for
Fiscal Year beginning 10/1/00 and ending 9/30/01
The City Attorney presented Ordinance #6609-00 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6609-00 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, and Aungst.
"Nays": Hart.
Motion carried.
ITEM #12 ~ Public HearinQ & First Readina Ords. #6574-00 & 1f6575~OO - land Use Plan
, Amendment to Residential High & HDR Zoning, 1590 Gulf Blvd., Sec. 19-29-15, M&B
34.011 (Belleview BiJtmoreResort, L TDHPLD)
The site ison the southern end of Sand Key, on the west side of Gulf Boulevard at
1590 Gulf Boulevard. This land use plan amendment and rezoning is to allow the
construction of a multifamily development which is not allowed in the current Commercial
plan category and zoning district. The site was previously developed with the Cabana Club
Restaurant which was constructed with and to primarily serve the adjacent Cabana' Club '
,condominium. Although the restaurant building still exists, the restaurant l1as been closed.
The 'applicant proposes to demolish the unoccupied building and build a new multifamily
building on the approximate O.96-acre site. The Planning Department's recommendation of
approval of this application is for the following reasons: 1) The surrounding uses are all
high density residential as is the request, and 2) the existing commercial land use generates
SUbstantially more traffic than the proposed residential use. Staff has determined that the
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proposed land use plan amendment and rezoning applications are consistent with the
,fo'lIowing standards specified in the Community Development Code: 1) The proposed. land
use plan amendment and rezoning application are consistent with the Comprehensive Plan;
.2) the p'otential range of uses and the specific proposed use are compatible with the'
surrounding area; 3) sufficient public facilities are available to serve the property; and ,4)
the applications will not have an adverse impact on the natural environment. In accordance
with the Countywide Plan Rules, the land use plan amendment is subject to the approval of
the Pinellas Planning Council and the Board of County Commissioners acting as the
. Countywide Planning Authority. Due to the size and/or Intensity of the plan amendment
. request, review and approval by Florida DepaT1ment of Community Affairs also is required.
The Community Development Board reviewed these applications at their public hearing of
July 18, 2000, and recommended denial of the applications. The recommendation to deny
was based on the testimony during the public hearing that approval of the applications
would allow a project that would infringe on the view and use of adjacent residential'
developments and would result in property devaluation and other negative effects to
residential properties in the vicinity of the proposed project. Planning Director Ralph Stone
said staff reviewed the surrounding land use and traffic impacts and recommends approval
of this application.
Harry Cline, representing the applicant, said the request meets all Community
Development Code requirements. The applicant is requesting 20 units, a third less density
than allowed under Code. He said a revised site plan is pending in the Planning and
Development Department.
Robert Pergolizzi, Vice-President of Transportation and Planning of Florida Design
. Consultants, said this application results in less intense and fewer impacts than a
commercial use and is compatible with the surrounding area. He reviewed maximum,
heights allowed under the Flexible Standard criteria of the Code. Originally, the applicant
had proposed a 1 30-foot high project and is now proposing 99 feet. He said the
application meets all regulations of Code.
Richard Dutter, Dutter Realty, reviewed graphics of the area and said the views
would not be altered by construction of this project. He said property values would not be
adversely affected by the project.
Tim Johnson, Save our Beach on Sand Key representative, objected to Mr. Dutter's
qualifications as to the issue of property values. He questioned the applicant's ability to
meet the criteria specified in the Code. He said the project will block the neighbors' views.
He said a similar effort to develop this site was defeated by the City Commission in the
19805 and the Community Development Board voted to deny this application. He
distributed a handout listing the reasons for denial.
In response to questions from Mr. Johnson, Mr.Pergolizzi said the project would
increase water and wastewater demand on the site. In response to a question, Mr.
Pergolizzi said the project is separated by public open space from Clearwater Bay by the
. right~of-way on Gulf Boulevard and existing condominiums. The property fronts on the Gulf
of Mexico, not Clearwater Bay. In response to a question, Mr. Dutter said his presentation
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regarding view impact was from condominiums he felt were potentially most impacted, the
Isles of Sand Key. In response to a 'question, Mr. Dutter said his testimony was not
intended as an appraiser. He presented historical data indicating historical sales prices
obtained from public records. . . . , .
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. Mr. Johnson said all the residents of Dan's Island, th'e Harbor South, the Isles of
Sand Key, and the Cabana Club oppose this project. They feci the project will diminish
their views, quality of life, and property values. They purchased their condominiums with
the understanding the commercial property at the subject site would remain the same
throughout its useful life. The proposed project and rezoning will not preserve the integrity
and value of the neighborhood and does not meet the criteria specified in the Code. He
requested the Commissiori deny the application.
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Phil Cosono, President of Countywide Appraisal Corporation, and a certified real
estate appraiser, said in his opinion, surrounding property owners would lose a total of
$6.5 million in value if this project is approved. He said in addition to the water view
obstruction, surrounding property owners would have to look directly at a building. In
. response to a question, Mr. Coso no said his opinion was based on information provided by
the applicant's previous application.
In response to questions from Mr. Hightower, Mr. Cosono said he has no
. qualifications. with respect to using photo analysis of a building nnd superimposing it. He
said he was hired by Tim Johnson to perform an analysis of the value of surrounding
properties should the proposed application be approved. He said he has appraised over
';'!l~ 500 units on Sand Key.
The meeting recessed from 8:02 to 8:22 p.m.
Sixteen persons spoke in opposition of the application.
In response to a question, Mr. Stone said the Infill option allows heights greater than
80 feet with criteria attached. Staff's recommendation is based on compatibility of use,
not what is proposed to be placed on the property. The site plan has not been approved.
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Mr. Cline said the project is more than 105 feet from the Dan's Island condominium,
not 20 steps. He said the shadow of this project will fall on the Cabana Club. He said the
law provides for rezoning and his client is entitled to approval of this application. He said
staff and the Cabana Club support this application. 'He suggested the Commission's
decision be supported by competent evidence. He said if the application is denied, it will
result in reverse spot zoning.
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In response to a question, Mr. Stone said there are 2 other vacant parcels of similar
size west of Gulf Boulevard. Zoning East of Gulf Boulevard is Medium Density Residential.
The majority of properties on the north and south are zoned High Density Residential. Mr.
Stone said he was unsure how the potential future Coastal Construction Line would impact
the subject site. He said although the Flexible Standards under Code allow the 80 foot
maximum height criteria to be increased to 1 30 feet if ull criteria are met, staff considers
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i')' the character of the surroundlng',Brea. He said staff would not support,a building 'any
h' , higher than the oxisting buildings on either site of the subject site. He reviewed the
process for obtaining rellef for side setbacks. The subject application is before the '
Commission as it is a rezoning request. He said units per acre in the Medium Density
Residential zoning district is 15; in High Density residential, it is 30 units per acre. The
applicant is requesting 20 units per acre. '
Discussion' ensued, and a comment was made that although the issue is approv'al of
the requested rezoning, it would be foolish not to consider a site plan.that would exercise
every available bonus allowed 'by Code. This request would increase the water and
wastewater demands. It was felt that a Commercial zoning district and High Density
Residential zoning district at the subject site are both inappropriate. In response to a
question, Mr. Stone said he did not know if Charlie Siemon of Siemon and Larsen made a
public statement that no buildings on Sand Key would be built higher than 80 feet. He said
under the former Code, a formula provided for increased setbacks as building heights were
" increased. In response to a question. the City Attorney explained that "reverse spot
zoning" refers to property being zoned differently or inconsistently with the surrounding
area. In response to a question, Mr. Stone said if the request is approved, the building's
south side setback would be 10 feet. The building on the north shares a common wall
construction; to the south the setback is approximately 70-80 feet. .
Commissioner Clark moved to deny the request for a Land Use Plan Amendment for
1590 Gulf Boulevard (MB 34/011) from Commercial to Residential High and a Zoning Atlas
"1 Amendment from Commercial Ie) to High Density Residential fHDR). The motion was duly
C~~:) seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #13 - Ord. #6598-00 - converting basis for measuring water & sewer consumption
for billing from per 100 cubic feet lccf) to per 1,000 gallons
The City Attorney presented Ordinance #6598-00 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6598-00 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson. Clark, Hooper, Hart and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #14-28) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a
single motion. However, any City Commissioner or the City Manager may remove an item
from'the Consent Agenda to allow discussion and voting on the item individually.
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~ ITEM #14 - AQDroval of Purchases oar Purchaslnn Memorandum:
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1) Tempaco of PineJlas, 1 st extension of 2 authorized, gas materials - misc. repair &
Installation parts, 10/1/0089/30101, est. $192,000 (SaS)
2) Krishnan Anandan, professionsl tennis services, 1011 iOO-9/30/02,. est. $180,000' (PRI
3) Hughes Supply Water & Sewer, double detector check valves, 10/1/0089/30101, 'est.
$63,000 tPW) .
4) Martin's Uniforms Division 8 Superior Uniform Group, Inc., police uniform Items,
10/1/00-9/30101, est. $91,700 (POI
5) Contract Connection fnc., benches & recep'tacres (121 pcsJ, $33,807.15 (PRJ
6) Dell Marketing, 18 Dask Top PC's, hardware upgrade, Phase I, for POSlTidemark,
$51,009; .financing to be provided under City's Master lease-Purchase Agreement (PLD)
7) PC Connection Jnc., 1 Network ,switch upgradel hardware upgrade, Phase I, for
PDS/Tidemark, $22,662; financing to be provided under City's Master Lcase8Purchase
Agreement (PLO)
8) Safety Equipment Company, 60 airpacks complete with spare tanks & masks, $199,600
(FD)
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ITEM #15:' Approve self-insured property claim for sum not to exceed $200.000, arising
. from a burglary & setting of fires at the North Greenwood Library on 7/16/00 fFN)
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ITEM #16 - Pipeline CrossinQ AQreement with CSX Transportation. Inc., natural gas
easement across CSX's r-o-w in Safety Harbor, $700 (SBS)
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ITEM #17 - City Manaaer Executive Search Firm RFP (HR~
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ITEM #18 - Contract to Verizon of Florida, new 911 Telephone system, replacement,
shared project with Pinellas County, City's obligation not to exceed $180,720; authorize
financing to be provided under City's Master Lease-Purchase Agreement (PO)
ITEM #19 - Approve additional 1.0 FTE, Personnel/Pavroll Technician nosition in Police
Department, manage billing & payment requirements for Police Off-Duty Assignment
Program (PO)
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ITEM #20 - AQreement with School Board of Plnellas County, continuation of School
Resource Officer program at Clearwater High School & Countryside High School, 8/17/00~
7/31/03 (PO)
ITEM #2'\ - AQreement with Pinellas County Sheriff's Office, extension, latent fingerprint &
crime scene services including evidence & property storage, 10/1/00.9/30101, .
$384,913.86; increaseFY 1999-2000 award by $107,274.72 to new total $480,987.02 .
for additional crime scene service calls under current 1999-2000 agreement (PO)
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ITEM #22 - Work Order to McKim & Creed. P.A., engineering services for Memorial
Causeway Bridge Utilities Relocation Project, $98,500 (PW)
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lIEtit #23 - CQotract to HDrvev-Tadpeo. fnc" AUlgator Creek Implomentatlon ~rojects,
$1,484,763.27 (PW) . ,
lr~M #24 - Amend Contract with Kamminga & Roodvoets, Inc., Installotlon of sanitary
Gswor moln In Dexter Drive, increasing est. cost by $24,655.76, for est. total $37,415.64
(PW~
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(PW)
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ITEM 1126 - Grao! Aareement with HUD, funding for Town Pond Project, $1,295,000 (PW)
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ITEM #27 - Contract to Durchase real Qropertv from Marv L. lee, 1006 Seminole St.,
. Pinecrest Sub., Blk 6, lot 12 & E% of vac.Bted alley adjacent on west & S% of vacated
alley adjacent on ~orth, $45,000 plus est. transaction expenses for environmental
. inspections, survey & closing costs of $1,500 for total est. $46,500 (PW)
ITEM #28 - Authorize City to enter into aareements with subrecioients approved in Fiscal
Year 2000-2001 Consolidated Act!on Plan IPlD)
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Commissionor Clark moved to approve the Consent Agenda and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #29 - Approve site, size & funds for neVII Main library; direct architects to design a
90,000 square foot library using funds currently allocated to Main Library Project (approx.
$14.95 million) & to build 46,000 square feet of finished space and 44,000 square feet of
unfinished space (LIB)
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The $14.95 million is composed of $1.2 million in Penny for Pinellas IFY99),
$500,000 from the Slenker bequest, and $13.25 million from FY02 Penny for Pinellas.
Staff expects to arrive at the $15.2 million level of funding with potential library grants and
interest earnings. The architect's estimated cost of a 90,000 square foot library is $20.2
million. This proposal assumes 46,000 square foot finished and 44,000 square foot shell
by the City at a cost of $1 5.2 million. The unfinished space (shell) will be finished by
donations to be raised by the Library Foundation estimated to be $ 5 million. It is
anticipated that a major lead gift (in excess of $1 million) and a total of $1.5 million will bo
committed by the 50% working drawings stage. In the absence of the private funds, the
City will adjust the size of the finished library based upon the funds available. The City's
intent is to build a finished library with the resources available in 2002. The library
foundation will update the City Manager and Commission on the capital campaign's
progress at the conclusion of the design development stage (approximately 5 months
following the Commission's approval of this agenda item) and at the 50% working
drawings stage (in approximately 1 2 months). Design/square footage will be adjusted as
appropriate as the Commission assesses the progress and success of the campaign.
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Design development, construction, documentation, and award of construction bid can
begin now permitting construction to begin in Fall 2001.' The new Main Library should be
completed by Winter 2002-2003. '
Commissioner Johnson moved to approve the site, size, and funds for the new Main
Library and direct the architectural team to design a 90,000 square foot library, using the
funds currently allocated to the Main Library Project (approximately $14.95 million) to
build 46,000 square feet of finished space and 44,000 squ'are feet of unfinished space,
and that the appropriate officials be authorized to execute same. The motion was duly
seconded.
It was remarked that it may be difficult to raise funds if the public thinks the new
library will not be built in its entirety.
In response to questions, Holly Duncan, fundraiser, said she believes suppart for the
new library is greater than anticipated. She said the normal timeframe for a major capital
campaign is 2 - 3 years. The largest gifts are generally raised within the first 6 - 1 2
months of a campaign and spurns additional fundraislng. As Vice Chair for Economic
Development for the Clearwater Chamber of Commerce, Ms. Duncan expressed the
Chambers support for a signature library building near the corner of Osceola Avenue and
Drew Street. The Chamber has stressed that the new library be part of a complete
downtown development plan. They also support a larger library with the final size to be
determined by the performance of the Foundation and suggest more specific funding
targets within set deadlines.
Three persons spoke in favor of the 90,000 square foot library.
Discussion ensued and it was felt that there is a confidence that the community will
, come through with necessary funding. A concern was expressed that the $1.5 million '
should be in place at the end of the 5~month fund raising period so that plans can proceed
accordingly. It was remarked that fundraisers may require additional time to secure funds
of that nature as they are starting from scratch. Staff will provide information regarding
operating costs for the library.
Upon the vote being taken, the motion carried unanimously.
ITEM #30 - Proposal re authorizinq local contribution to support development of Tuscany
Apartments bv CED Construction Comoanv under Low Income Housin!1 Credit Pro!1ram
with subordinating City's existing $250,000 loan to CEO to the State of Florida Apartment
Incentive Loan (SAIL) obtained by CED (ED)
On March 5, 1998, the Commission authorized local contributions of $914,490 to
support the development of Tuscany Apartments by CEO Construction Company under the
Low Income Housing Tax Credit Program (L1HTCP). CEO Construction Company was not
'successful in its application for funding under the L1HTCP. Therefore, the City's previous
commitment was voided. CEO has requested the City reaffirm support for this project in
the form of the following contributions totaling $719,787.22: 1) wavier of the local 6%
mcc09bOO
12
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(~, franchise fee for natural gas utility for $191,142.64; 2) waiver of local 6% franchise fee
f for electric mifity for $186,220.83; 31 waiver of local storm water utility fee for
$160,428;75; 4) solid waste fee discounts for $53,496: and 5) permit and' impact fee
reimbursements for $128,499. On March 9, 1998, the Coml1l;sslon authorized a loan oJ
$250,000 to ceo Construction Company to support the development of Tuscany
Apartments. The original terms of the loan were a 3 % 20-year loan with a 2-year
deferment. CEO's obtainment of the loan from SAIL includes the requirement that the City
allow its loan to be subordinated to the SAIL prior to any proceeds being funded from the
SAIL. Under this new arrangement, the term of the loan would be for 15 years at 3 % ~
Staff does not recommend approval of this agenda item. Staff believes incentives should
be availabl~ to enable a project at its commencement.
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Ed Armstrong, representative, said the applicant has dropped his request for
additional financial incentives and is only asking for subordination of the loan.
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Scott Culp, CEO Construction Company, reviewed the history of redevelopment of
the former Sunshine Mall site. CED was able to obtain $1 million contribution but was
unsuccessful in obtaining low income tax credits. The loan was originally granted to allow
ceo to be competitive with tax exempt proceeds. In response to a question, Mr.
Armstrong said the applicant wishes to defer discussion regarding the $760,000 in impact
fees to another time.
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.In response to a question, Assistant Director of Housing Nina Bandoni said as CEO
closed on the property some time ago, the sale loan proceeds could be used to payoff the
loan from the City. She said Pinellas County has decided not to subordinate their loan. If
the Commission determines that CED should payoff this loan, the funds can be used for
other housing efforts. Mr. Culp requested as ceo has provided an affordable housing
community for seniors, that the Commission consider his request to subordinate the loan.
He said he reserves the right to come back to the Commission regarding the financial
incentives. The City Attorney said staff has spent considerable time evaluating this
request and recommends denial.
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Commissioner Clark moved to subordinate the City's existing $250,000 loan to CEO
Construction Company to the State of Florida Apartment Incentive Loan (SAIL) obtained by
CEO. The motion was duly seconded.
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Upon the vote being taken, Commissioners Hooper and Clark and Mayor Aungst
voted "aye"; Commissioners Johnson and Hi:Ht voted "nay". Motion carried.
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ITEM #31 - Third Quarter - 1 999-2000 BudQet (aU)
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The General Fund revenues and expenditures reflect a net increase of $554,522 at
third quarter. Of this increase, $547,997 represents the appropriation of retained earnings
to fund the SPJC Field Site Improvement project for the Phlllies Stadium construction. This
appropriation was previously approved by the Commission on May 18 and July 20, 2000.
Numerous other line item amendments to Fund revenues result in the balance of the
increase netting to $6,525. Savings in several General fund Departmental operating
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budgets and the .closing of several capital projects provide funding to offset proposed
budget increases in several departments, the most significant being an increase to the City
Manager's Office operating budget for $157,730 to fund the severance package of the
previous City Manager. The Water and Sewer Fund reflects a decrease In anticipated fund
expenditures of over $4 million; This amendment returns funds from projects now
projected to be funded through bond proceeds and corrects the cash deficit projected in
this fund. At third quarter, Stormwater expenditures anticipate savings in operating
supplies and debt service payments due, offering a net decrease in fund expenditures in the
amount of $112,500. Fund revenues remain as projected. Gas Fund revenues and
expenditure's primarily reflect amendments for the increased cost of fuel for natural gas
that has been directly passed on to customers. This increase accounts for a $1,287,660
increase in anticipated revenues for the year, and a related increase of $1,254,010 in
. operating expenditures. Solid Waste Fund revenues reflect anticipated increases in roll-off
revenues, rental of compactors, and interest earnings for the fund totaling $114,000.
Expenditure amendments recognize an increase in dump fees of $71,000 due to increased
volume. This ilJcrease in revenues more than offsets any increases in operating
expenditures. The Recycling Fund revenue amendments reflect increases in the sale of
recyclables and annual interest earnings totally $216,000, offsetting a refated increase in
fund exp~nditures of $96,140 for increased processing charges related to increased sales.
Parking Fund revenues remain as projected while expenditure amendments reflect savings
in anticipated debt costs. Due to the warm winter months, the marina fund revenues
reflect a further increase of gas and oil inventory purchases and an offsetting increase in
fuel sales. The only budget amendment of significance within the Internal Service
operations is the appropriation of $66,840 of retained earnings in the Administr?tive
Services Fund for debt payments on the internal loan for the implementation of the utility
billing system. The amendments to the Capital Improvement Fund total a net decrease of
$2,008,618. The decrease is a result of funds ret':-Jrned from Water and Sewer projects to
the operating fund for projects now projected to be funded through bond proceeds. Nearly
all Capital Improvement budget increases have been previously approved by the
commission and are outlined on Page 20 of the detailed report. This includes funding for
the SPJC Field Site Development and the Integrated Document Management System.
Amendments that have not previously been approved by the commission include the
recognition of grant revenue from the Tampa Bay Estuary Program and FDEP in the amount
of $279,500 for the Alligator Creek project and $100,000 from SWFWMD for the North
Greenwood Storm water Retrofit project. The Special Program Fund reflects a budget
increase of approximately $2.4 million. Over $845,000 is in Public Safety programs
recognizing grant proceeds for projects such as the Weed & Seed 2001 and VOCA Grant
2000, matching funds for several grants provided by operating savings within the Police
Department's current budget, and increased receipts of court forfeiture proceeds for Police
programs. Other program amendments include $1.2 million of 'grant funds supporting the
Brownfield Program, $45,170 for a grant to replace the Seminole launch Ramp facility,
$38,600 for the Waste Tire Grant, and $33,286 for several grants to support the Folk Arts
Festival. The balance of budgeted receipts primarily reflects other small grants and the
receipt of sales proceeds and donations for special events. The complete third quarter
report includes detailed explanations of budget amendments, and a schedule of
administratively approved change orders. An overall analysis of fund budgets, quarterly
variances, and fund amendments is available.
mcc09bOO
14
09/21/00
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, Commissioner Hooper moved to apprQye the amended City Manager's annual
, budget report as presented. The motion was duly seconded and corrled unanimously.
B) First Reading Ord. #6601-00 - amending Operating Budget for Fiscal Year ending
9/30/00 .
The; City Attorney presented Ordinance #6601-00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6601-00 on first reading. The
motion wa~ dUly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
b) First Reading Ord. #6602-00 - amending Capital Improvement Program Report and
Blldget for Fiscal Year ending 9/30100
The City Attorney presented Ordinance #6602-00 for first reading. and read it by
. title only. Commissioner Hooper moved to pass' Ordinance #6602-00 on first reading. The
motion was duly seconded and upon roll call, the vote was: '
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ITEM #32 - Res. #00-33 - Adopting Floodplain Management Plan; transmitting plan to
Federal Emergency'Management Agency for review as required by National Flood Insurance
Program's community rating system; authorizing City Manager to initiate activities
recommended in plan (PLOt
The NFIP eRS Program was initiated in 1978 to reduce vulnerability in flood zones
by giving cities discounts 011 flood insurance according to their participation level. The
participation level if based on the type and quality of City flood mitigation policies and
programs. City residents currently receive a 10% discount as a Class 8 community. The
City has recently met the standards to become a Class 7 community that will provide a
15% discount. This plan is a mandatory requirement to be part of the eRS Program. The
City originally adopted the Repetitive Loss Plan on December 11, 1 991 to satisfy FEMA
requirements.' This plan is required to be more comprehensive than the previous Repetitive
Loss Plan by identifying flood hazards, flood plain management. goals, possible mitigation
. measures, and an action plan. There are 84 properties within the City limits defined as
repetitive loss properties which have had 2 or more claims greater than $1 ,000 within a
10-vear period. Seventy-one (71) of these properties are located on North Clearwater
Beach. A majority of repetitive loss properties were built at.gradc before the adoption of
Flood Insurance Rate Maps in 1971 which set minimum building elevations. Four weather
events have,been responsible for 78% of the repetitive flood insurance claims. Twenty-
five (25~ weather events have been responsible for the other claims. Four critical facilities
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mcc09bOO
15
09/21/00
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that provide essential City servic,es are located within the flood plain and include 2 sanitary
sewer lift sta,tions, a water/sewer plant and a fire station. The City currently has many
planning' goals, objectives, and policies in the Clearwater Comprehensive Plan that
implements flood plain management and City-wide storm water management which are
reflected in the Floodplain Management' Plan. There are' 6 types of flood management
activities to implement the Plan including preventive, property protection, natural resource
protection,' emergency services. structural projects, and public information. Preventive
activities recommended include participation In the Pinellas County Local Mitigation
'Strategy, assistance to the Tampa Bay Regional Planning Council (TBRPC) with Project
Impact, 2 potential Comprehensive,PI,an amendments, pursuing the feasibility of acquiring
the Kapok Mobile Home Park and constructing the Town Pond. Property Protection
activities recommended include assisting property owners with flood mitigation grants,
providing substantial improvement applications and continue the flood complaint handling
process. Natural Resource 'Protection activities recommended inclLJde the Alligator Creek
environmental enhancement, Kapok wetlands restoration, Moccasin Lake Habitat
, environmental enhancement and the Stevenson Creek'restoration. Structural Projects
recommended inclUde completion of the Stevenson Creek Watershed Management Plan,
Alligator Creek drainage improvements and North Clearwater Beach retrofitand valve
installation. Public Information activities recommended include utilizing Channel 15,
information mailouts, speaking to neighborhoods and providing information through various
outlets. The Floodplain Management Plan is required to be reviewed and evaluated with a
report to the Commission on an anflual basis.
. " Commissioner Clark moved'to approve the Floodplain Management Plan and to
('::,) transmit it to the Federal Emergency Management Agency. The motion was duly seconded
and carried unimimously.
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The City Attorney presented Resolution #00-33 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #00-33 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
,"Nays": None.
ITEM #33 ~ (Cant. from 917100) Authorize 8DP8al of HearinQ Officer Order in American
Infoage. LLC v. City (eA)
The Final Order in the American Infoage, LLC v. City case has been provided. The
Order reverses the Community Development Board's decision which denied approval for a
telecommunications tower on the property at 505 Virginia Lane. It states that the
application is, approved and does not impose any of the conditions recommended by staff
or adopted by the Board. Judicial review of this decision as stated in Code of Ordinances
Section 4~505D, would be through filing a Petition for Certiorari in circuit court within 30
days. The Circuit Court would conduct a review of the record las opposed to a de novo
hearing).
mcc09bOO'
16
09/21/00
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The City Attorney recommended, based on the Attorney/Client session conducted
, earllE!r today, not to appeal the decision of the hearing officer. '
Commissioner Johnson moved to deny the request to authorize appeal of the
Hearing Officer order in American Inf08ge, LLC v. City.
CITY ATTORNEY REPORTS
, The, City Attorney said as' a portion of their settlement, American Infoage has agreed
to drop the casts for, attorney fees. They also will,comply with staff conditions and agreed
to drop attorney claims relating to this matter.
The motion was duly seconded and carried unanimously.
ITEM #34 . Other Pencina Matters - None.
ITEM #35 - Other City Attornev Items - None.
ITEM #36 . City Mana!:ler Verbal Reoorts
The City Manager reported a meeting is scheduled for 6:00 p.m. on October 4,
2000, with the College' Hill Estates neighborhood regarding their concerns about drainage
/,'~:'.".\ and sinkholes. He clarified that College Hill Estates is not an organized neighborhood
~_;/,;/, association and that Mr. Hassel was erroneously referred to as its President.
The City Clerk stated the Mayor would like to attend the National League of Cities
conference which conflicts with the December 7, 2000, Commission Meeting. Consensus
was to reschedule 'the December Commission Meeting to December 12, 2000, at 6:00
p.m. (the Worksession will romaln on December 4, 2000.)
ITEM #37 ~ Other Commission Action
Commissioner Clark thanked everyone for their efforts during last Saturday's
Coastal Cleanup during Hurricane Gordo:1, especially Solid Waste for picking up everything.
He thanked the Planning and Development Director for his professionalism despite some
personal attacks by the public and his staff for their work.
Commissioner Hooper expressed concern a trend is developing to negotiate higher
severance packages which invalidates the need for employment agreements. The City
Attorney said it is wise to pay additional compensation to at-will employees and have them
sign releases upon termination to avoid lawsuits.
mcc09bOO
17
-09/21/00
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'.'Commissione'r Johns~n questioned the need to bring back the 3% increase Included
. in the budget fo't Ruth Eckerd Hall. The City Attorney indicated the agreement needs to be
amonded. .Commissioner Johnson moved to approve the one-time increase In funding to .
. . Ruth Eckerd Hall. The motion was dUly seconded. Commissioners Johnson, Hart, alld
Clark and Mayor Aungst voted "aye"; C,ommissioner Hooper voted "nay". Motion carried.
Commissioner Hart requested staff pursue with the State and County if Clearwater
can become invo'lved in the revision of the' Growth Management Act.
, . Mayor Aungst thanked those involved with Francis Wilson Playhouse, Sister Cities
meeting, Taste of Clearwater, ,Artist Bansemer for the Titanic gift, and everyone who
pC!lrticipatod in tonight' 5 discussions. He said the Safety Village ~e-opening is scheduled for
September 30, 2000. '.
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ITEM #38 - .Adlournment
The meeting adjourned a,t 10:53 a.m.
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